NORTHAMPTON — A grocery wholesaler’s request to place a real estate lien on the home of the mother of the former owner of Serio’s Market was denied in court on Monday.

Hampshire Superior Court Judge Richard Carey denied a July 7 motion by Bozzuto’s Inc. of Connecticut for a real estate attachment against Josephine Cavallari in an effort to recoup financial losses. Earlier that day, Carey heard arguments from Bozzuto’s attorney, Robert Girvan, and Cavallari’s attorney, Judd Peskin.

“After hearing and review of the affidavit of Josephine Cavallari, as well as other submissions, the (court) finds that there is not a reasonable likelihood that the (plaintiff) will recover judgment against Josephine Cavallari personally,” Carey wrote. “The motion is denied.”

Reached by phone Monday, Peskin said he and Cavallari were pleased with the court’s decision.

“We thought it was the right decision and we don’t think it would be right to enforce that guarantee that was written 24 years ago, for a business debt that she hasn’t be a part of for close to 17 years,” he said.

In documents presented in support of Bozzuto’s motion, Cavallari, the mother of former Serio’s Market owner Christine Cavallari, was listed as director of the company in a summary on the state’s corporation database. Christine Cavallari died unexpectedly in 2014. Serio’s most recent annual report, filed in 2016, lists Gary Golec and Jaimie Golec as the company’s directors.

Hampshire Superior Court Judge Mary-Lou Rup ordered in April that Serio’s Market pay a total of $36,260.87 in damages and statutory costs to Bozzuto’s following a November 2016 lawsuit. The more than $30,000 in debt came from the sale and delivery of various goods to the market between Jan. 11 and Oct. 16 in 2016, according to court documents.

Bozzuto’s and Serio’s began its business relationship in February 1993, when the grocery wholesaler entered into a contract with the family-owned market that began operation in 1902. Serio’s Market closed earlier this year.

In court earlier this month, Peskin argued Cavallari, 88, divested herself of all shares of the company in 2001 and by the time Serio’s accrued the Bozzuto’s debt, she was no longer listed on Serio’s annual report.

Emily Cutts can be reached at ecutts@gazettnet.com.

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